Am I guaranteed fifty percent of all community property?

Dallas, TX family law attorney Lisa E. McKnight talks about splitting community property in a divorce.

Contact Lisa E. McKnight

Phone: (214) 528-4191


Getting 50 percent of the community property is a big myth. In Texas, we have what’s called just and right. So the judge gets to divide the property pretty much any way the judge sees fit. Once we identify what court your case is then I can usually tell and predict what that particular judge’s proclivities are for dividing property. Generally speaking, the larger your estate the less of a disproportionate division there’ll be. For example, if you’re dividing $5 million you’re much less likely to get more of that than 50 percent. If you’re dividing $5,000.00, you have a much greater chance of getting more than 50 percent. So depending on the size of the estate, fault grounds, disparity in the earning ability of the parent parties those types of things can give you a disproportionate division of the community estate.